Championing the rights of mentally disabled defendants

California is flawed when it comes to protecting the rights of criminal defendants with mental disabilities. This article weighs in on a July 29, 2015 Reuters report that the state of California was sued for failing to protect mentally disabled defendants. Some families claimed their mentally ill or developmentally disabled loved ones endured rape and other trauma while languishing in California jails, alleging that officials failed to provide access to treatment centers as required by law.

"The law clearly states that when the state prosecutes a person who is mentally unable to participate in the court proceedings, it is required to suspend the proceedings and provide the defendant medical evaluation and treatment," said attorney Majid Foroozandeh. "However, the criminal legal system is generally on the side of the prosecutors, compromising the mentally ill defendant's constitutional rights."

The lawsuit was filed on behalf of four families by the American Civil Liberties Union in Superior Court in Alameda County. This is not only a state issue — it also highlights shortcomings in the federal system of detention. "The chance of physical, sexual, and mental abuse of a mentally or physically disabled person in custody is astronomical," said Majid. "At any moment in custody, harm is hovering over the detainees, and more cases of abuse go unreported or, worse, undetected simply because there are no checks and balances in place to deal with the issue."

"Additionally, the availability of resources such as a state hospital is by itself an obstacle, and the problem is amplified by the inability to render or receive treatment while the detainee is awaiting trial, jailed, or awaiting transfer to a care provider. When a judge rules that a defendant is mentally incompetent to stand trial and orders the defendant to a state hospital for evaluation and treatment, the defendant's rights are well protected, but the future remains a question mark."

"While in custody, inmates and even the authorities bully the incarcerated mentally ill. Unfortunately, the courts are basically overwhelmed when it comes to the mentally disabled, who are caught up in the slow wheels of justice," said Majid. "The solution is not necessarily throwing more money at the problem; rather, it is the implementation of checks and balances to deal with persons in custody who are suffering from mental or physical disabilities."